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MOOT COURT SEMINAR course outline

Seminar teacher: mgr Maja Zajc

Email: maja.zajac@uwr.edu.pl

SEMINAR CREDIT:

1. Presence during seminars Students are entitled to 2 absences during seminars(14h). Any further
absence has to be passed in 2 weeks during office hours. Student is expected to have knowledge on
the material discussed during the missed seminar. Absence above 50% of seminars hours is a basis
for being unclassified (no grade is obtained, a student is obliged to repeat the course next semester /
year).

2. Activity during seminars Students are expected to be prepared and active during the seminars,
including by engaging in discussions on the prescribed material. They may also be asked to prepare
papers (case studies) and give presentations during the seminars.

3. Papers Students are obliged to prepare papers (Draft pleadings, Outline of oral argumentation)
within the prescribed and announced deadlines (as published on the Facultys website).

4. Grade: memorial writing & oral argumentation in order to obtain a positive grade at the end of
the course, students are obliged to prepare the memorials (a written argumentation), for both
parties to a dispute - Applicant and Respondent, as well as an oral argumentation.

Students working in a group of 2 members are to prepare the written argumentation for both States
parties to the dispute (Applicant and Respondent). Deadline for memorials submission is 27th of
March 2016. During the last two seminars, students will argue orally the arguments before judges
(students and seminar teacher), who are entitled to ask questions during their presentation.

Recommended readings:

Michael Hyam, Advocacy skills, Oxford University Press, 2010


Neil MacCormick, Legal reasoning and legal theory, Oxford : Clarendon Press, 1978.
Timothy A. Affonso, Mastering the Art of International Mooting:The Structure, Technique and
Rules of International Mooting, Xlibris, 2013
Frederick Schauer, Thinking Like a Lawyer: A New Introduction to Legal Reasoning, Harvard
University Press, 2012
John Snape, Gary Watt, How to Moot: A Student Guide to Mooting, Oxford University Press,
2010

1
COURSE OUTLINE:

1. Introduction to international law moot court competitions.


2. Case analysis and legal research.
a. Compromis construction;
b. Reading the Compromis (generalities; specifics organization tools; preparation for
research);
c. Major Topics stemming from the case (how to divide into Prayers for Relief, and
pleadings);
d. Research in the light of art. 38 (1) ICJ Statute.
3. Memorial writing.
a. Memorials preliminary sections:
i. Cover Page;
ii. Table of Contents;
iii. Index of Authorities /List of Sources/;
iv. Statement of Jurisdiction;
v. Questions Presented /Issues/;
vi. Statement of Facts;
vii. Summary of Pleadings;
viii. Pleadings (including Conclusion/Prayer for Relief) /Argument + Submissions/.
b. Pleadings written argumentation (requirements).
i. Content:
1. Practical advises from international law moot court competitions;
2. Organization of arguments;
3. Citation of sources;
ii. Interpretation in legal theory.
iii. Interpretation in international law.
iv. Legal argumentation.
4. Oral argumentation.
a. Dividing arguments & dividing speaking time.
b. Procedure.
c. Style & structure.
d. Role of Applicant & Role of Respondent.
e. Questions from judges.
f. Rebuttal & Surrebuttal.

2
SCHEDULE

27th of February Introduction (requirements, course outline); Presentation of the case to be analysed;
how to write a memorial

6th of March Case analysis and legal research. First pleading diplomatic agent immunity from
criminal and civil jurisdiction & reservation to treaties (customary international law v.
law of the treaties; admissibility; compliance with purpose and object of the treaty;
legal effects of invalid reservation)

13th of March Second pleading analysis legal status of diplomatic premises (inviolability immunity;
consent of receiving state to expand diplomatic mission in other locality); interpretation
of treaty

20th of March Third pleading analysis termination o the treaty in international law (characteristics
of treaty as a source of international law; grounds to terminate treaty under
international law; States responsibility & circumstances precluding wrongfulness)s

27th of March Summary of the arguments; Oral argumentation requirements, practice

3rd of April ORAL ARGUMENTATION

10th of April ORAL ARGUMENTATION